WP(C) NO.14289 OF 2025 1 2025:KER:29756 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO.14289 OF 2025 PETITIONER: M/S.INDIRA GANDHI COLLEGE OF ARTS AND SCIENCE (UNDER INDIRA GANDHI MEMORIAL TRUST) NELLIKUZHY, KOTHAMANGALAM, ERNAKULAM, REPRESENTED BY IT’SCHAIRMAN SHRI.KM PAREETH, RESIDING AT KOTTAKUNNEL, ADOOPARABU, MUVATUPUZHA, PIN - 686661 BY ADVS. D.SREEKANTH ASWIN KUMAR M J ALBIN GEORGE JAMES JOSE JEEVADAS H. RESPONDENTS: 1 E.S.I.CORPORATION 5TH AND 6TH FLOOR, BSNL BHAVAN SUB-REGIONAL OFFICE, KALATHIPARAMBIL ROAD, ERNAKULAM SOUTH, KOCHI (REPRESENTED BY ITS DEPUTY DIRECTOR CUM RECOVERY OFFICER), PIN - 682016 2 BANK OF BARODA KOTHAMANGALAM BRANCH, POONOLY SHOPPING COMPLEX, AM ROAD, KOTHAMANAGALM, WP(C) NO.14289 OF 2025 2 2025:KER:29756 REPRESENTED BY IT’S BRANCH MANAGER, PIN – 686691 3 CATHOLIC SYRIAN BANK KOTHAMANGALAMBRANCG, PB NO. 55, PILMA BUILDING, AM ROAD, KOTHAMANGALAM, REPRESENTED BY IT’S BRANCH MANAGER, PIN - 686691 4 STATE BANK OF INDIA NELLIKUZHY BRANCH, PANCHAYATHJUNTION, MANIYATTUKUDI CENTRE, NELLIKUZHI, REPRESENTED BY IT’S BRANCH MANAGER, PIN – 686691 BY ADVS.T.V.AJAYAKUMAR, R1 NAGARAJ NARAYANAN, R2 K.ANAND, R3 JAWAHAR JOSE, R4 JITHESH MENON, R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.14289 OF 2025 3 2025:KER:29756 JUDGMENT Petitioner is an Educational Institution covered under the provisions of the Employees State Insurance Act, 1948 [for short, ‘the Act’]. When the petitioner defaulted payment of the amount determined under Section 45A of the Act, recovery proceedings were initiated against the petitioner under Section 45C to 45F of the Act vide Ext.P1. The petitioner has been imposed with damages under Section 85B and interest under Section 39 of the Act. Pursuant thereto, Exts.P2 to P4 garnishee orders were issued under Section 45G of the Act against the petitioner. The petitioner states that as on today, an amount of Rs.3,99,934/- has been recovered. The learned Counsel for the petitioner submits that the petitioner is willing to remit the balance dues in reasonable installments. The WP(C) NO.14289 OF 2025 4 2025:KER:29756 petitioner has filed this writ petition seeking to quash Exts.P1 to P4 and to permit the petitioner to pay the outstanding dues covered by Exts.P2 to P4 in 12 equal monthly installments. 2. Heard the learned Counsel for the petitioner, Sri.T.V.Ajith Kumar, learned Counsel for the 1st respondent, Sri.Nagaraj Narayanan, learned Counsel for the 2nd respondent, Sri.K.Anand, learned Counsel for the 3rd respondent and Sri.Jawahar Jose, learned Counsel for the 4th respondent. 3. Taking note of the plea regarding financial constraints made by the petitioner in the writ petition, I am of the view that the petitioner can be granted installment facilities to clear the outstanding dues towards the 1st respondent. 4. Accordingly, there will be a direction to WP(C) NO.14289 OF 2025 5 2025:KER:29756 the petitioner to pay the balance amount of Rs.4,04,481/- as per Exts.P2 to P4 in 8 equal monthly installments commencing from 07.05.2025. Once the petitioner pays the first installment as aforesaid, the attachment pursuant to Exts.P2 to P4 shall stand lifted. There will also be a direction to respondents 2 to 4 not to recover any further amount from the accounts of the petitioner pursuant to Exts.P2 to P4. 5. If the petitioner defaults payment of any of the installments, it will be open to the 1st respondent to proceed against the petitioner for recovery of the dues, in accordance with law. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/07/04/2025 WP(C) NO.14289 OF 2025 6 2025:KER:29756 APPENDIX OF WP(C) 14289/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECOVERY NOTICE NO. 47000556170001303/REC/SROE DATED 24/09/2024 ISSUED BY THE 1ST RESPONDENT CORPORATION Exhibit P2 TRUE COPY OF THE GARNISHEE ORDER NO. 47000556170001303/CP45(G) DATED 24/02/2025 ISSUED BY 1ST RESPONDENT TO THE 2ND RESPONDENT BANK Exhibit P3 TRUE COPY OF THE GARNISHEE ORDER NO. 47000556170001303/CP45(G) DATED 24/02/2025 ISSUED BY 1ST RESPONDENT TO THE 3RD RESPONDENT BANK Exhibit P4 TRUE COPY OF THE GARNISHEE ORDER NO. 47000556170001303/CP45(G) DATED 24/02/2025 ISSUED BY 1ST RESPONDENT TO THE 4TH RESPONDENT BANK Exhibit P5 THE COPY OF SAME IS NOT YET RECEIVED. OFFICE COPY OF THE INSURANCE CASE PETITION NO.8 OF 2025 FILED BY THE PETITIONER ESTABLISHMENT Exhibit P6 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF INDIRA GANDHI MEMORIAL TRUST FOR THE YEAR 2023-2024